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Guiding Rights
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GUIDING RIGHTS: Trademarks, Copyright and the Internet, by Mark V.B. Partridge, explains the trademark and copyright principles guiding rights on the Internet in clear and accessible terms.
$24.95 hard cover; $14.95 paperback
ISBN: 0-595-65957-8
"This collection of short articles on a wide range of issues of copyright and trademark law, by one of the nation's most prominent trademark lawyers, manages to convey the nuance of the subject in language that is clear and immensely readable. This is a hugely versatile book. For scholars, the book contains valuable insights; law students will come to rely on it to explain difficult concepts in easy-to-understand terms; and practioners will be scanning it for help with some of the knottiest problems around."
Graeme Dinwoodie, Professor, Associate Dean and Director of the Program in Intellectual Property Law, Chicago-Kent, College of Law
ORDER BOOK HERE
"Guiding Rights is a unique presentation of information covering key concepts relating to the protection, enforcement and licensing of trademarks and copyrights. Mr. Partridge presents a well organized compilation of lessons that provide practical insight for understanding and handling many trademark and copyright issues that arise for companies in everyday life. Also the book discusses in a concise and effective manner the effect of significant cases from both the distant and recent past which helped shape important trademark and copyright principles."
Harrie Samaras, Attorney, Chair, Committee on Intellectual Property Organizations, AIPLA
ORDER BOOK HERE
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Friday, March 31
Purchasing Competitor's Name As Keyword May Infringe
by
Mark VB Partridge
on Fri 31 Mar 2006 09:00 AM CST
An online realty agency, TheMLSonline.com, purchased keywords matching the name of a competitor from Google and Yahoo. Last week, the District Court for Minnesota issued a decision allowing the case to proceed to trial on Edina Realty's claim of trademark infringement. This may be the first case to reach trial on the keyword issue. See Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006).
For more, see Eric Goldman's excellent report on his Technology & Marketing Law Blog, and this article at Cnet News.com.
more »
Monday, March 27
"The Seasoned Woman" Claims Infringement
by
Mark VB Partridge
on Mon 27 Mar 2006 09:00 AM CST
Dr. Theda Palmer has used the name "The Seasoned Woman" in connection with workshops, seminars, focus groups, and collateral products since at least 1995, and owns two federal trademark registrations relating to the mark.
More recently, Gail Sheehy has published a book entitled "Sex and the Seasoned Woman." A Google search reveals that her use now dominates search results for the phrase "The Seasoned Woman."
US Newswire reports that Dr. Palmer has sued for trademark infringement. Story here. more »
Thursday, March 23
Creating Diversity Jurisdiction
by
Mark VB Partridge
on Thu 23 Mar 2006 09:00 AM CST
IP litigators usually do not rely exclusively on diversity jurisdiction, since most claims involve federal questions claims under the Patent, Trademark or Copyright Act. Nevertheless, some claims - contract disputes, right of publicity, trade secret - may arise without joined federal questions. Thus, IP litigators can be faced with the need to satisfy the jurisdictional amount requirement of $75,000 diversity jurisdiction.
What can defendants seeking removal to federal court do if there is no monetary amount demanded or the amount demanded is insufficient?
A recent case from the Seventh Circuit provides a clever strategy option: Rising Moore v. Red Roof ... more »
Monday, March 13
Spammer Faces 15 Year Prison Term
by
Mark VB Partridge
on Mon 13 Mar 2006 09:00 AM CST
Thinking of entering the spamming business?
Internetnews.com reports here that a New Hampshire woman has plead guilty to violations of the CAN SPAM Act result from her bulk distribution of pronographic spam, and now faces 15 years in prison. The sentencing hearing is set for June 5. more »
Friday, March 10
Display of Thumbnail Images Is Likely to Infringe Copyright
by
Mark VB Partridge
on Fri 10 Mar 2006 09:00 AM CST
The District Court in California ruled on a motion for preliminary injunction that the creation and display of thumbnail images of copyrighted works is likely to constitute copyright infringement and is not fair use. Perfect 10 v. Google, Inc., (C.D. Cal., 2/17/06). Offering links to infringing images on third-party sites, however, is not copyright infringement.
more »
Thursday, March 9
Yahoo Bans Use of Trademarks as Keywords for Comparative Advertising
by
Mark VB Partridge
on Thu 09 Mar 2006 09:47 AM CST
Yahoo has modified its editorial guidinelines with the following statement:
On March 1, 2006, Yahoo! Search Marketing will modify its editorial guidelines regarding the use of keywords containing trademarks. Previously, we allowed competitive advertising by allowing advertisers to bid on third-party trademarks if those advertisers offered detailed comparative information about the trademark owner's products or services in comparison to the competitive products and services that were offered or promoted on the advertiser's site.
Search Engine Watch has more on the story here. more »
Monday, March 6
Operators of Internet Gripe Site Subject to Jurisdiction in Remote Location
by
Mark VB Partridge
on Mon 06 Mar 2006 09:00 AM CST
Your Illinois company is the victim of unfounded gripes on Internet site operated by persons in Arizona. Can you sue in your home court or are you forced to pursue more expensive and inconvenient litigation where the website is located? A recent decision by the Northern District of Illinois allows suit in home court, much to the benefit of the Illinois plaintiff. George S. May International Co. v. Xcentric Ventures (N.D. Ill. Jan. 18, 2005).
The key to establishing personal jurisdiction is the existence of minimum contacts with the forum, sufficient to satisfy the constitutional requirements of due process.
In ... more »
Friday, March 3
BlackBerry Settles
by
Mark VB Partridge
on Fri 03 Mar 2006 05:01 PM CST
The Chicago Tribune reports: The patent dispute threatening BlackBerry service has settled. more »
Monday, February 27
Plagiarism, Fair Use and Copryight Infringement
by
Mark VB Partridge
on Mon 27 Feb 2006 08:00 AM CST
In 1971, the owners of the copyright in the 60s hit "He's So Fine" sued former Beatle, George Harrison, over the song "My Sweet Lord."
In 1990, the owners of the copyright in the 60s hit "Oh, Pretty Woman," sued the rap group 2 Live Crew over a song cleverly entitled "Pretty Woman."
One of these cases resulted in an award over $1/2 million
The other case resulted in nothing.
Why?.
The answer can be attributed to the differences between plagiarism and fair use.
Plagiarism is an ethical issue. Copyright infringement and fair use are legal issues.
Plagiarism is an act ... more »
Thursday, February 16
El Conquistador Resort Denied Relief in UDRP Action
by
Mark VB Partridge
on Thu 16 Feb 2006 08:33 PM CST
I remember in the mid-90s speaking at an LES conference at the El Conquistador Resort in Puerto Rico. An incredibly beautiful venue. And thus I read this recent decision with interest (WHM LLC v. Northpoint, Inc.).
A three member panel has denied relief to the El Conquistador Resort in Puerto Rico based on insufficient evidence of rights. A lesson to all in the need to submit adequate proof in UDRP domain name disputes. One panel member dissents, saying:
My learned co-panelists have concluded that, based on the record before us all, there is simply insufficient evidence, in their ... more »
Tuesday, February 14
Parody Sites
by
Mark VB Partridge
on Tue 14 Feb 2006 01:29 PM CST
We previously commented here and here on the famous JibJab parody of Woody Guthrie's "This Land Is Your Land."
Joanna L. Ossinger has a nice article, "The Problem with Parody," in The Wall Street Journal, February 13, 2006. She notes that some parody sites, including JibJab, end up on both sides of the copyright protection issue, fending off infringement claims from the original owner, and also pursuing infringement claims against sites copying their parody. more »
Saturday, February 11
Plagiarism and Fair Use
by
Mark VB Partridge
on Sat 11 Feb 2006 05:27 PM CST
PLAGIARISM AND FAIR USE
February 22, 2006
Mark Partridge will be conducting a teleseminar on "Plagiarism and Fair Use," for NSA-IL on February 22, 2006, 7:00 to 9:00 pm.
In this teleseminar you will learn:
- the difference between plagiarism and fair use
- the scope of rights under Copyright Law
- when you can legitimately use the ideas and concepts of others
- what you can do to protect your own work from infringement.
Sign up information is available at the NSA-IL website. The program materials are available here. more »
Sunday, January 29
Ninth Circuit Issues Decision in Yahoo! Case
by
Mark VB Partridge
on Sun 29 Jan 2006 01:11 PM CST
The 9th U. S. Circuit Court of Appeals has issued a complicated procedural decision in Yahoo! vs. La Ligue Contre Le Racisme et L'Antisemitisme. I'm quoted in an article on the case at BusinessInsurance.com: "Yahoo! ruling skirts key question" by Judy Greenwald:
"The principal significance of the case is to remind anyone who does business on the Internet that their conduct may subject them to lawsuits and liability in foreign countries," said Mark V.B. Partridge, an attorney with Pattishall, McAuliffe, Newbury, Hilliard & Geraldson L.L.P. in Chicago. more »
Saturday, January 21
IPLAC Trademark University - January 26, 2006
by
Mark VB Partridge
on Sat 21 Jan 2006 11:23 AM CST
The Intellectual Property Law Association of Chicago is presenting a program on Trademark Law at DePaul University Law School, Thursday, January 26, 2006, from noon to 5 pm. My colleague Phil Barengolts will be speaking on Maintenance, Disputes and Trademark Litigation. More info is available here.
more »
Wednesday, December 21
Robert the Band
by
Mark VB Partridge
on Wed 21 Dec 2005 05:32 PM EST
I usually limit my comments here to matters relating to trademark,
copyright and internet law, but please allow me a point of personal
privilege to introduce you to Robert the Band.
You see, the band's drummer is my son Chris, 14. The band
recently produced its first CD featuring 6 original songs. You
can hear some of it and learn about them at www.myspace.com/roberttheband.
The band is selling the CDs at a low price to raise money for more
studio time. If you'd like a copy, complete with handmade cover
slip, please send your mailing address and $4 to:... more »
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Mark VB Partridge
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